What are Penalties for Overstaying Visa in India

Arriving a country on any visa allows you to stay from a specific period. Extending your visit mentioned in visa can result in legal trouble. Purposes of visiting or stay in India can be different like schooling, travel, employment, training period, business and transit. However, whatever the reason is, staying longer than the visa period can impose a penalty as well as put you in legal trouble. A foreign person who overstays in India will have to pay a penalty or can be banned by the country for a future visit.  

The penalty is generally around US $30 or equal in Indian Currency for a short duration of overstay.

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Recent Updates in Visa Violation Penalties 

As per the recent updates charges of penalties for overstaying in India has been increased. Pay attention to below bullet points:

  • Penalty for overstaying up to 90 days will be 300US$
  • Above 91 days to 2 years penalty will be 400US$
  • If anyone overstays more than 2 years then a penalty will be 500US$

However, if you are from neighbor countries, the penalty charges may differ. 

Charges for neighboring countries such as Pakistan, Bangladesh, and Afghanistan will be 100 INR if you overstay more up to 90 days. Overstay up to 91 days to 2 years, the authority will charge 200 INR and if you overstay more than two years they will charge the penalty of 500 INR.  

What Happens If Someone Overstays?

  • Overstaying in India is considered as an illegal crime. 
  • A foreign person who extends its visa duration in the country may have to pay a penalty, taken by legal custody and even be banned from entering the country in the future.
  • A fine of 30$ has to be paid for overstaying in India 
  • If anyone overstays for a long period, the person will be considered as an illegal migrant.
  • As per, Section 14 of the Foreigner’s Act, 1946, a foreign national who overstays will be liable for penalty and his/her visa will also be penalized. The penalty may prolong to an imprisonment term of 5 years alongside a fine.

Banishment of A Foreigner for Overstaying

If the situation demands, the foreigner will be banished from the country. Banishment or deportation means sending the visitor back to his country. A person who faces deportation, will not be allowed to enter the country again. 

Legitimate Steps to Take When You Have Overstayed

Well, there are few solutions available if you extend the period of visa in the country.  

Extend the visa

If your stay is compulsory and you know your visa duration will be extended, get in touch with FRRO and request for an extra visa time. However, it’s not a cake walk process, several questions will be asked by officers. Also, you have to give proof of residence and purpose of overstaying. 

Reschedule the flight

To avoid the overstay penalty or any legal inquiry, it is a wise option to reschedule your travel by departing earlier

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Request for an exit visa 

An exit visa is given to those who have entered the country illegally or extended the duration of the visa.   

In order to avoid the overstay in India, always keep in mind that the validity of Indian e visa is started from the date of issue. Many people think the validity of their visa start from the date of arrival, this is extremely mistaken understating which can push you in legal trouble.  

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